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FDCPA Protects People Who Owe Money

debt collectionThe Fair Debt Collection Practices Act protects people who are victims of unfair debt collection by companies.  If you have received ANY call from a debt collector, they are likely doing something illegal and we can help you stop the calls and collection efforts. We have helped thousands of people get rid of debt collector calls and put and end to stressful debt collection. We want to help you too. CALL 817-455-6822 or fill out the form on this page.

Strong Government Laws Protect Victims Like You

If you or anyone you know, has experienced annoying calls, repeated calls, messages on answering machines, calls to friends, work, or family, we can help stop it. You may have a claim or be part of a class action lawsuit. Please contact us using the form on this page or call us at 817-455-6822.

FDCPA Background

The Consumer Financial Protection Bureau, which is in charge of enforcing the Fair Debt Collection Practices Act (FDCPA), has issued a report on certain collections industry practices. The bureau plans to focus its enforcement efforts on these particular illegal practices this year to stop unfair debt collection practices. Debt collection industry practices that were found to break FDCPA rules were the reason that the CFPB was given the responsibility for enforcement in 2013. As consumer debt increases in this difficult economy, the CFPB has its work cut out for it in going after companies that break the law. If you, or someone you know, has been harassed by a debt collection agency in ways or for reasons that you feel are illegal, then you may have a claim. Please contact us using the form on this page or call us at 817-455-6822. You may be part of a class action lawsuit.

The FDCPA was enacted by Congress in 1977. The CFPB was given the power to regulate and enforce the Act in 2013. The Act lays out the rules for how and when companies can contact people for reasons related to consumer debt. The FDCPA does not govern the practices of companies that issue credit like banks, credit unions or auto finance companies. Only after a debt has been sold to a collections company will the FDCPA apply. For instance, the FDCPA makes it illegal for collections companies to place more than a certain number of calls to a person in a single day. The Act also governs the hours of the day in which collections companies may legally contact people for debts. It is reported that in one very bad example, the CFPB was made aware that one collections company made more than twenty calls in a period of two days to each person it was trying to collect money from.

Third Party Contact

One of the areas with a very high level of complaints to the CFPB has to do with third party contacts. Many collections companies break the law when contacting third parties (people other than the person who actually owes money) about a debt the companies are seeking to collect on. Third party contacts must only occur once per person unless the collector or company can prove that the first call provided incorrect information. Collections companies have been reported as illegally talking to third parties about details of the debt. The companies are prohibited by law to talk about money owed to anyone other than the person who owes it. Many collections companies have been accused of talking about debts with people’s friends, family and bosses about the money they owe to force the people to pay. It is also reported that many collections companies illegally contact employers about people’s debts after they have been specifically asked not to. The CFPB has also received complaints about collections agencies contacting high risk populations like military service members. It is reported that collectors have illegally contacted commanding officers and military superiors about service members’ debts.

False or Misleading Representations About a Debt

It is reported that many collections companies falsely threaten people with lawsuits and arrests. Many companies have allegedly made these false threats to sue on a debt that is too old. People have also reported to the CFPB that collections companies sue them without proper notification of the lawsuit or proper notification of seizures or attempts to seize property. It is reported that collections companies have attempted to collect on debts that are exempt from collections by law such as child support and unemployment benefits. Many people reportedly complain of collections companies trying to collect more money than is owed or of illegally impersonating lawyers, law enforcement or government officials. If you’ve, or anyone you know has, experienced illegal practices like this you may have a claim.

Forum Abuse

The FDCPA prohibits a debt collector from threatening a consumer with any action it does not intend to take. CFPB officials have found that when consumers filed an answer to notice of a lawsuit by collections companies, in the majority of the cases the collections companies would dismiss the suit because they were unable to locate documentation to support the lawsuit. It is reported that many collections companies made threats to people that they intended to establish that the amount listed in court filings was actually owed but could not produce proof of the amount claimed. Many collections companies allegedly file lawsuits in courts that are so inconvenient or so far away from the people being sued that there is no possible way for them to appear in court. When a person does not appear in court for a claim against them, the collections companies allegedly are able to obtain default judgments against the person. The FDCPA has rules to make sure that debt collectors who file lawsuits must do so in the area where the consumer lives or where the contract was originally signed. If this has happened to you please contact us using the form on this page or call us at 817-455-6822. You may be part of a class action lawsuit.

Potential Class Action

The CFPB reports that it handled over 88,000 debt collection complaints from people in the United States. It is reported that a wide range of illegal practices occurred in addition to the three areas covered here. If you or anyone you know, has experienced this kind of treatment or other harassment by a collections company, you may have a claim or be part of a class action lawsuit. Please contact us using the form on this page or call us at 817-455-6822.

 

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